GRATUITY
GRATUITY
Past I worked in school for 6 years. now I applied for a gratuity and they said we don't have any rules to give a gratuity. is this any rule that the school does not come under the Gratuity Act? or wh
5 months ago
A. Dear Client,
With the enactment of the Payment of Gratuity Act, 1972, gratuity payment has become mandatory for the establishment where it is applicable. Organizations with a workforce of 10 employees on a single day in the preceding 12 months are liable to pay gratuity. A gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more, according to Section 4(1) of the Payment of Gratuity Act of 1972. Section 4(2) of the Act p ...ReadMore
My Old organization telling I can't join any other company within 400 km
My Old organization telling I can't join any other company within 400 km from the last office location. And their legal team poking my previous company
5 months ago
A. Dear Client,
A service bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required to make the Bond valid and enforceable under the law. The validity of Employment bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from ...ReadMore
Quashing
On Which Grounds Can ChargeSheet be Quashed in High Court. In My Case Complainant is Already Dead.
5 months ago
A. Dear Client
In India, a charge sheet can be quashed in the High Court under certain circumstances
If the court does not have the appropriate jurisdiction to hear the case, it may be a valid reason for quashing the charge sheet. If it can be demonstrated that the charge sheet was filed with malicious intent or as a means of harassment, it could be a basis for seeking its quashing. : If the charge sheet violates the fundamental rights of the accused, such as the right to privacy or the right again ...ReadMore
Issue due to dual Employment
If I have not shared any of my bank account details to comp and did not received any salary and PF (form 16 verifies it) .Still Comp has DOJ 19th May and DOE 13th July 2022. So Can I ask comp to chang
5 months ago
A. Dear Client
If there is a discrepancy between the date of joining (DOJ) and the date of exit (DOE) on your employment record and you haven't received any salary or PF from the company, you have the right to request that the dates be corrected. Start by addressing this issue with the HR or the concerned department in your company. Clearly explain the situation and provide any supporting documents that verify your claim. If they are unwilling to make the necessary changes, you may consider raising ...ReadMore
Handing Over Flat
Hi Sirs, - I have purchased a flat in a project that has 3 blocks. Ours is in Block A which is almost completed. However the STP work is still going on. The Builder is not giving any specific date for
5 months ago
A. Dear Client
In situations like these, it's crucial to prioritize the safety and convenience of the residents. While the completion of the STP work might be necessary for a comfortable living experience, the absence of an OC (Occupancy Certificate) can lead to complications. The OC is a crucial legal document that confirms the construction has adhered to the necessary guidelines and is safe for occupancy. Moving in without the OC might lead to potential legal and safety risks, and it could impact ...ReadMore
DELAY IN POSSESSION
I purchased 2 flats from builder in Jan' 2020 & possession date was 30.04.2020, but the possession is not given by builder till date. The cost of one flat was approx. 27 lakh. I have 'Agreement of sal
5 months ago
A. Dear Client
As per the Consumer Protection Act, a buyer who has purchased a flat from a builder and has entered into an agreement allowing the property to be let or sublet through a specific agency would likely be considered a consumer.
This would largely depend on the specific terms and conditions outlined in the agreement of sale. If the compensation being claimed exceeds the limit of the State Consumer Disputes Redressal Commission, the case can be filed with the National Consumer Disputes R ...ReadMore
DL Sent to court
My driving licence was taken away by the traffic police for wrong side driving. I paid the challan the same day. I was not able to collect my DL and now it has been sent to court. I am not sure how th
5 months ago
A. Dear Client
Contact the traffic police department or the court to which your case has been transferred. You can inquire about the specific procedures for retrieving your driving license. Prepare the necessary documents, which may include your original identification, the payment receipt of the challan, any other relevant documents related to the incident, and any documents requested by the court.
Bonus liability
Whether statutory bonus is payable to an employee who is on maternity leave
5 months ago
A. Dear Client
Yes, as per the law, an employee on maternity leave is entitled to receive statutory bonus. Maternity leave should not affect an employee's eligibility for statutory bonuses, as long as the employee meets the eligibility criteria based on the terms of the Bonus Act or other applicable labor laws. The payment of the statutory bonus is typically based on the company's profitability and the criteria outlined in the law, and it is not generally affected by an employee's temporary absence ...ReadMore
Lnd dispute
i have purchase a land in my home town in Bihar. the land was under custody of the seller. actully there is 5 share holder in the whole property and long time back ( Arong 30 years) all the share h
5 months ago
A. Dear Client
In this case, since the land was under the custody of the seller and there was a legal dispute regarding the distribution of the land among the shareholders, it is essential to have a comprehensive understanding of the specific legal proceedings and the claims made by the other shareholders.
civil - I worked as a part time accountant in my friends office
Sir, I worked as a part time accountant in my friends office two years back. during that period he asked me to en cash an amount of Rs.6 lacs from the bank for his office payments and expenses vide a
5 months ago
A. Dear Client
If your friend has filed a complaint against you claiming that the amount was a loan, you would need to gather any relevant evidence that can support your claim that it was not a loan but rather an amount encashed for his office expenses. This might include any communication, messages, or other documentation that can demonstrate the purpose of the transaction.
